An Act to amend the Telecommunications Act (transparent and accurate broadband services information)

Sponsor

Dan Mazier  Conservative

Introduced as a private member’s bill. (These don’t often become law.)

Status

In committee (Senate), as of April 11, 2024

Subscribe to a feed (what's a feed?) of speeches and votes in the House related to Bill C-288.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Telecommunications Act to require Canadian carriers to make easily available certain information in respect of the fixed broadband services that they offer.
It also requires the Canadian Radio-television and Telecommunications Commission to hold public hearings to inform its determinations on how Canadian carriers are to fulfill this obligation.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

April 26, 2023 Passed 3rd reading and adoption of Bill C-288, An Act to amend the Telecommunications Act (transparent and accurate broadband services information)
Nov. 30, 2022 Passed 2nd reading of Bill C-288, An Act to amend the Telecommunications Act (transparent and accurate broadband services information)

March 20th, 2023 / 3:35 p.m.
See context

Liberal

The Chair Liberal Joël Lightbound

Good afternoon, everyone. I'm happy to see you again.

I call this meeting to order.

Welcome to meeting number 62 of the House of Commons Standing Committee on Industry and Technology.

Pursuant to the order of reference of Wednesday, November 30, 2022, we are studying Bill C‑288, An Act to amend the Telecommunications Act (transparent and accurate broadband services information).

Today’s meeting is taking place in a hybrid format, pursuant to the House order of Thursday, June 23, 2022.

We have with us today, by video conference, Reza Rajabiun, who will testify as an individual in his capacity as an expert on competition policy and telecommunications strategies.

From the Commission for Complaints for Telecom-Television Services, we have Howard Maker, commissioner and chief executive officer, and Josée Thibault, assistant commissioner for Operations and Business Services.

Finally, from OpenMedia, we have Erin Knight, senior campaigner, also joining us by video conference.

I thank all the witnesses for being with us today.

Without further ado, I would like to give the floor to Reza Rajabiun for five minutes.

Telecommunications IndustryPetitionsRoutine Proceedings

March 9th, 2023 / 10:25 a.m.
See context

Conservative

Dan Mazier Conservative Dauphin—Swan River—Neepawa, MB

Mr. Speaker, I rise today on behalf of Canadian citizens to call on the House of Commons to pass Bill C-288.

Many Canadians purchase costly Internet services only to realize that they do not actually receive the quality and speed they expected. Advertised theoretical speeds and performance metrics for Internet services do not always reflect the actual Internet quality delivered to consumers. Bill C-288 would address the concerns these citizens have, and I support this petition.

March 6th, 2023 / 4:35 p.m.
See context

Conservative

Dan Mazier Conservative Dauphin—Swan River—Neepawa, MB

I'll read something from a statement by the chairwoman. They're borrowing from a model for food products:

Going forward, our rules will require that broadband nutrition labels are fully displayed when a consumer is making a purchasing decision. That means consumers will have simple, easy-to-read facts about price, speed, data allowances, and other aspects of high-speed internet service up front. Plus, by requiring that providers display introductory rates clearly, we are seeking to end the kind of unexpected fees and junk costs that can get buried in the long and mind-numbingly confusing statements of terms and conditions.

The U.S. is tackling these types of things. They see how industry can do better, and they're telling them, “Get your act together.”

We need to do the same thing in Canada. It starts with legislation like Bill C-288.

March 6th, 2023 / 4:30 p.m.
See context

Conservative

Dan Mazier Conservative Dauphin—Swan River—Neepawa, MB

Yes. This bill would, definitely. There's a public hearings component of it that is basically refereed by the CRTC. It handles that, but it goes out to do public hearings where it consults with the public, NGOs and anybody who wants to comment on it, as well as industry.

This is where you get into these technicalities. We could have written a bill that was very technical, and it wouldn't have done much good, because there are aspects of our connectivity in this country that as legislators we don't understand. It's not really our job, quite frankly, to understand the inner workings of it, but it is our job to make good legislation for Canadians. I think Bill C-288 and the steps that come through it would definitely provide better service for Canadians at the end of the day, and more transparent service, so that all can benefit.

March 6th, 2023 / 4:25 p.m.
See context

Conservative

Dan Mazier Conservative Dauphin—Swan River—Neepawa, MB

Thank you for the question.

Yes. Australia, as was mentioned before, is probably the industry's world leader when it comes to regulations and not so much forcing telecoms to be transparent but actually setting up a process whereby consumers—and everybody—benefit from it. It's very consumer focused.

In Australia they have this whole process. They introduced these regulations in 2017 and 2019, and then they actually reviewed them. I did read from the report earlier. I think I read this out before, but according to the ACCC report on the effectiveness of the policy, the changes have promoted more competitive and efficient markets for the supply of broadband services, even five years after the changes and all of that. Therefore, changes like those Bill C-288 would implement would be very positive. That's in Australia.

In the U.S., they've actually done some work and very quickly. What happened there is that they passed legislation. Their regulator down there, the FCC—the CRTC up here—grabbed a hold of it, and they've had two hearings with it, two round table sessions. They're progressing very quickly.

Here are just some of the statements out of the commission. They've gone to a nutrition label type of way: “Broadband nutrition labels are designed to make it simpler for consumers to know what they are getting, hold providers to their promises, and benefit from greater competition—which means better service and prices for everyone.” That was from the chairwoman Jessica Rosenworcel.

This statement is on the affordability: “I fully expect that this transparency will increase competition and hopefully result in lower prices for consumers.” That's from FCC commissioner Geoffrey Starks. Those kinds of statements are coming from a regulator.

I can't imagine the CRTC holding up a piece of legislation and saying, “This is what this legislation will do”, when in fact Bill C-288 could result in the same thing. I would be very pleased to see that kind of stuff come out of it.

This is the potential that Bill C-288 has. Other countries have recognized that. It's time for the Canadian government to step up and for us as MPs to pass this bill so we can get to work on that.

March 6th, 2023 / 4:25 p.m.
See context

Conservative

Dan Mazier Conservative Dauphin—Swan River—Neepawa, MB

It would absolutely help out the consumer by giving them accurate information on not only what kind of service they are buying, factual information, but the whole process around the hearing procedure and the CRTC actually performing that right across Canada.

I was looking back. It's hard to say. I don't think Canadians have ever been offered this kind of ability or opportunity to talk to industry. Obviously the CRTC hasn't had this kind of initiative either.

In the U.S., for example, it is quite interesting that they are far ahead of us. They've implemented many of the conditions that Bill C-288 would do as well. Actually, they just had a major announcement out of the FCC that they are moving to more of a nutrition label sort of way—and this is kind of it right here—to explain to consumers, but there is lots of.... The FCC gets it in the U.S., and I would really be happy if the CRTC would wrap its arms around this legislation, as they did in the U.S., and go with it, because I think consumers would win and Canada would win.

March 6th, 2023 / 4:15 p.m.
See context

Conservative

Dan Mazier Conservative Dauphin—Swan River—Neepawa, MB

It would level the playing field when it comes to information as to the kinds of Internet services companies are selling to consumers. For example, we've talked about how right now there are “up to” speeds. As big corporations, they can send a bunch of noise out there. They, at some point in time, can offer 10 by 50 sometimes, whenever it works for them and whenever their infrastructure will allow it.

Meanwhile, a smaller Internet service provider might be eight by 40. That might be all someone needs, and that's all they can really offer. They can't signal that out to the consumer and tell the consumer that this is all they need. It's pretty much an uphill battle to say that the consumer doesn't need all that service. It might have the same price, but someone doesn't need that much service. That's a pretty poor sales position.

This would actually take away a lot of the noise that the big players are sending out right now, so that the consumer could actually look at the real data instead of the theoretical data and decide what they actually need.

You were talking about trust and building that. In my opening remarks, I kind of alluded to other countries. Australia is probably the global leader when it comes to connectivity and Internet regulations and legislation. They implemented original legislation and regulations in 2017, updated them in 2019 and then did an assessment of the results of the changes and of making things more transparent, much like what we want to do here with Bill C-288. Overall, the report concluded that increased transparency resulted in Internet service providers offering better-quality services in addition to better consumer understanding of expected service performance.

March 6th, 2023 / 3:45 p.m.
See context

Conservative

Dan Mazier Conservative Dauphin—Swan River—Neepawa, MB

Thank you, Chair.

I want to thank the committee for inviting me to discuss my private member's bill, Bill C-288.

As you know, Bill C-288 passed second reading with unanimous support. I was proud to see us come together, put politics aside and put consumers first in an important issue for Canadians.

As I've said before, many Canadians, especially those living in rural, remote and indigenous communities, don't feel they are receiving the Internet speeds and quality they are paying for. The speeds that customers see when they go to purchase an Internet speed are not guaranteed speeds. They are rarely minimum speeds or average speeds. Instead, Internet companies advertise maximum theoretical speeds. Words such as “up to” are used in these advertisements and lead consumers to believe that an Internet service is better than it is.

Technically, Canadians receive what they pay for as long as their speeds are lower than the maximum theoretical speed, but this information does not accurately reflect the service quality that potential consumers can expect. That's why it is no surprise that data released by the Canadian Internet Registration Authority revealed that only one-third of Canadians believe their household receives the “up to” speed included in their home Internet package all or most of the time.

Bill C-288 addresses this by providing potential customers with accurate and transparent information, a concept that we can all get behind.

The first pillar of this legislation will mandate Internet companies to provide Canadians with typical download and upload speeds, not just maximum theoretical speeds. Instead of providing customers with best-case scenarios, let's give them a realistic expectation so they can decide if the service fits their needs and their budget.

Secondly, this legislation will provide Canadians with quality metrics during the time when they are most likely to use the service. Of course, service quality will be better when no one is using the Internet, but knowing what the speeds are at 7 p.m. is more relevant than knowing what the speeds are at three o'clock in the morning.

Finally, this legislation will initiate a consultation process that allows industry, advocacy groups and the public to develop a model in the public's best interest.

Canadians need to trust the information given to them. These proposals will help close the gap between what Canadians expect to receive and what they actually receive.

For those who say these decisions should be entirely left to the CRTC and policy directives, I say that the issues relating to connectivity are too important to be kept away from legislators. Yes, there are technical aspects to be left to the regulator, as Bill C-288 does, but I believe that as parliamentarians we have a duty to improve connectivity for Canadians. This includes legislating clear guidelines and requirements on this matter, as Bill C-288 does.

The proposals in this bill are not new and have been successfully implemented in other countries.

Since my bill was introduced, the United States Federal Communications Commission announced that they will mandate a broadband service label, an initiative that reflects the content of Bill C-288. This was a direct result of a legislated bipartisan Infrastructure Investment and Jobs Act. Australia implemented clear standards for advertising with typical speeds during peak periods. In the United Kingdom, Internet service providers state the average speed that at least 50% of the customers receive during the highest usage hours.

I think we can all agree that more competition is needed in our telecom sector. To improve competition, we must allow Canadians to compare accurate information.

In closing, I want to remind the committee that, in June of 2021, this committee published its seventh report and recommended the following:

That the [CRTC] require Internet service providers to make information available to consumers on the usual download and upload speeds they can expect during peak periods so they can make more informed purchasing decisions based on accurate and transparent information, thereby improving the industry's competitiveness overall.

Not one party dissented on this report. The committee now has the opportunity to act on the recommendation and codify it into law. Canadians deserve to know what they are paying for.

Thank you, Mr. Chair.

March 6th, 2023 / 3:45 p.m.
See context

Liberal

The Chair Liberal Joël Lightbound

Good afternoon.

I call the meeting to order.

Welcome to meeting number 60 of the House of Commons Standing Committee on Industry and Technology.

Pursuant to the order of reference of Wednesday, November 30, 2022, we are studying Bill C‑288, an act to amend the Telecommunications Act (transparent and accurate broadband services information).

Today's meeting is taking place in a hybrid format, pursuant to the House order of Thursday, June 23, 2022.

We are fortunate to have with us today the member for Dauphin—Swan River—Neepawa, Dan Mazier, who is here to discuss Bill C‑288, which he is the sponsor of.

Thank you for being here today, Mr. Mazier.

Without further ado, I will turn the floor over to you. You have 10 minutes.

Telecommunications ActPrivate Members' Business

November 30th, 2022 / 3:15 p.m.
See context

Liberal

The Speaker Liberal Anthony Rota

It being 3:18 p.m., pursuant to order made on Thursday, June 23, the House will now proceed to the taking of the deferred division on the motion at second reading stage of Bill C‑288 under Private Members' Business.

Call in the members.

The House resumed from November 23 consideration of the motion that Bill C-288, An Act to amend the Telecommunications Act (transparent and accurate broadband services information), be read the second time and referred to a committee.

Telecommunications ActPrivate Members' Business

November 23rd, 2022 / 6:55 p.m.
See context

Conservative

Dan Mazier Conservative Dauphin—Swan River—Neepawa, MB

Madam Speaker, I will begin by thanking my colleagues who have spoken in support of my bill.

It is humbling to see a piece of legislation with one's name on it move through the parliamentary process. It is also a reminder of why we were sent to the House of Commons and of our duty to represent the Canadians who put their trust in us.

I also thank our Conservative leader for appointing me as the shadow minister responsible for connectivity. Since I was first elected, I have strived to improve connectivity in Canada. I could have introduced legislation that scored political points and did not have a chance to pass, but I wanted to make a difference on the issue of connectivity.

When I began developing Bill C-288, I approached it from a non-partisan, pro-consumer point of view. I was privileged to work with industry experts, researchers, academics, advocacy groups and members from across the political spectrum to get where we are today, and here we are. In the coming days, Parliament will vote on Bill C-288, a truly non-partisan, pro-consumer bill.

Since Bill C-288 was introduced, a few things have come to light. One thing is an argument that the government’s proposed policy directive to the CRTC would address the content of my bill. I want to make two points on this argument. The first is that nowhere in the government’s policy directive are there details of what information Internet companies must provide consumers with. There is no mention of peak periods. There is no mention of typical speeds. There is no mention of public hearings.

The second is the notion that these important decisions should be left entirely to the CRTC, instead of being made by parliamentarians. Connectivity issues are too important to always be pushed into policy directives. Members of the House should make these decisions on behalf of the Canadians we represent and not leave everything up to the CRTC. Nowhere in the Telecommunications Act is there a public interest objective focused on ensuring that the economic and social interests of Canadians are at the centre of the system.

Bill C-288 strikes a balance between empowering parliamentarians and a regulatory body. While some may argue that this bill does not go far enough, I think it is an important step forward.

The other matter that has emerged since my bill was introduced is that the United States Federal Communications Commission announced that they will mandate a broadband service label. This was a direct result of the legislated Infrastructure Investment and Jobs Act, also known as the Bipartisan Infrastructure Law. It will ensure consumers have a better understanding of what Internet services they are paying for. This significant announcement reflects the content of Bill C-288.

A statement from the FCC commissioner, Geoffrey Starks, on this announcement read:

Instead of legalese, consumers will have clear, straightforward information about a provider’s service offerings....

He went on to state:

I fully expect that this transparency will increase competition and hopefully result in lower prices for consumers.

What a significant statement. Too many Canadians purchase Internet services at sky-high prices only to realize that the quality and speed they expected to receive are nowhere near what they actually receive.

As I have said, Canadians do not believe they are receiving the Internet service they are paying for. Connectivity is no longer a luxury. Connectivity is essential to the safety of our communities, to the economic growth of rural regions and to the accessibility of services like education and health care. Canadians should know what they are paying for before they purchase an Internet service, not after.

I encourage all parliamentarians to support Bill C-288.

Telecommunications ActPrivate Members' Business

November 23rd, 2022 / 6:45 p.m.
See context

Bloc

Nathalie Sinclair-Desgagné Bloc Terrebonne, QC

I have a great audience tonight, Madam Speaker. I hope I will be able to concentrate.

Stephen Hawking once said, “We are all now connected by the Internet, like neurons in a giant brain.” In this giant brain, good Internet is equivalent to a high IQ. It lets us go further in life. The issues in the Internet service market involve both the providers themselves and the legal framework in which they operate, and can be summed up in two points that are intrinsically linked. The first is the inadequate service quality and download speeds, and the second is the exorbitant rates that Quebeckers and Canadians pay for their telecommunications services.

This bill seeks, among other things, to give consumers the ability to make an informed decision when choosing an Internet service provider. In other words, Internet providers will no longer have the right to advertise the highest theoretical speed possible, but will have to indicate the average speed, especially during peak periods. That is a good start.

We should note right from the outset that the proposed measures apply only to fixed broadband service and not mobile phones, even though everyone knows that cell phone rates in Canada are much higher than elsewhere in the world, but let us move on.

This bill will contribute to improving the situation, but other actions will have to be taken. As I will explain, there needs to be a discussion on competition and the market power of the telecommunications giants.

I would like to begin with the importance of having access to high-quality Internet. This service is beyond essential. The quality and affordability of Internet services are closely linked to the economic performance of Quebec and Canada.

Let me share a quick story. In my former life as a consultant, I had a contract in the Republic of Palau. It is a small island paradise in the middle of the Pacific, and I was able to help its finance department improve their environmental, social and accounting standards so they could receive money from foreign funds. The Island of Palau does not really have Internet. My stay went very well with a bit of an Internet connection, and therefore less work, potentially, but ultimately, we can see that Palau's economic development has suffered a great deal due to this. I experienced that.

The trend has been moving towards digitizing the economy for several years now, and the pandemic only accelerated this. The massive shift to telework and people's ability to work remotely should encourage the development of the regions of Quebec and Canada. Unfortunately, the Liberal government is struggling to keep up with technological developments and the digitization of the economy. Its outdated policies mean that Canada often lags behind on telecommunications affordability.

We cannot talk about economic development without considering the quality of Internet access. It is as important to economic development as the power grid was in Quebec in the 1960s.

The Quebec government is working hard to improve Internet access, particularly in remote areas. High-speed Internet access for all eligible households in Quebec is a priority for the Quebec government. Furthermore, it has invested huge amounts of money in this area. To date, the Quebec government has budgeted $1.3 billion to get households connected faster to high-speed Internet. In comparison, the Government of Canada has invested $1 billion this year, bringing its total investment to $2.75 billion. In Quebec, the amount is about $150 per person. In Canada, it is half that, or only about $75 per person.

Now let us look at what is happening internationally. Every year, The Economist compiles data on Internet services in about 100 countries. Although Canada scores well for quality of infrastructure and literacy, which is Canadians' understanding of and ability to use Internet services, its rank is rapidly declining because of its competition and affordability scores.

If the government really wants to bring telecommunications costs down and improve service quality, it has to use the Competition Act. Canada has a frustrating tendency to tolerate and sometimes even encourage monopolistic practices. In many of the country's markets, including telecommunications, a handful of companies dominate the entire market. The upshot is that providers have a lot more leeway when it comes to deciding how much to charge.

Time for a quick economics refresher. In an ideal market, the price of a service is equivalent to the marginal cost, that is, the cost that the supplier pays to provide the service. It is quite easy to demonstrate, and this has been studied by economists, that in Quebec and in Canada, we pay a price that is much higher than the marginal cost. There are people who agree. For example, Bell, Rogers, Shaw and Telus collectively account for 71.7% of Internet service revenues. That is what we call an oligopoly, a market dominated by a small number of suppliers. For cellphone services, it is even worse. Three companies, Bell, Rogers and Telus, hold nearly 91% of the market.

As a general rule, increasing the number of companies in a market does two things that benefit consumers and are ultimately good for the economy. Healthy competition in a market tends to lower the prices paid by consumers. In addition, companies often improve the quality of their services to attract and retain customers. While this rule is not absolute, it applies particularly well to telecommunications markets. Let us look again at what is done in other countries. Telecommunications prices are much lower in Europe, where there are a large number of telecommunications service providers. In The Economist's list, France, Spain, the Netherlands and Sweden all rank higher than Canada on the Internet affordability index.

This summer, the Liberal government passed a competition reform that does not do enough to result in real change. The Liberal government's competition policies are outdated and not very well suited to the reality of the digital economy in Quebec and Canada. In practical terms, some sections of the Competition Act, which dates back to the 1980s, are obsolete and due for a serious update. It is not just the Bloc Québécois that is saying that. The competition commissioner is, too. In fact, in January, he published a list of recommendations to modernize the Competition Act. One of them involves removing the provision on the efficiency gains argument, which allows one company to merge with another on the pretext that it will be more efficient. Let us acknowledge right off the bat that this provision is an anomaly. It does not exist in the rest of the world. It exists in Canada and it is putting many consumers at a real disadvantage, so it should be removed from the act.

This very argument could be made in the transaction between Shaw and Rogers, which is currently before the court. Let us recall that two out of the four companies that make up the oligopoly on Internet telecommunications want to merge their services. When this provision is invoked, the Competition Bureau cannot block the transaction, even if it is anti-competitive. In a market that is already perceived to be run by an oligopoly, this transaction should not go through. Speaking before the Competition Tribunal quite recently, an economist from Dalhousie University, Mr. Osberg, said that low-income Canadians who are already dealing with inflationary pressures would be the most affected if the cost of telecommunications increases in the wake of the merger. The last thing we need right now is to further reduce competition and guarantee that prices increase even more.

The other thing the commissioner recommended as an important change to the Competition Act is related to the fact that the Competition Bureau does not have the final say on a transaction. A minister, an elected official, someone who is anything but neutral, can make a decision that goes against the bureau's recommendation. That is what happens. In the case of the Shaw-Rogers merger, the Minister of Industry intervened to defend the transaction. Yes, he is defending the deal, suggesting that part of Shaw be acquired by one of the other four providers instead. Guess what the bureau's response was. It said no, that is not a good enough solution. Unfortunately, it is not up to the bureau to make that decision. The minister will have the final say.

In closing, the Bloc Québécois is in favour of Bill C-288, because it will allow consumers to make more informed choices about Internet packages. Consumers need to be able to see the actual download speeds they will be getting, rather than the theoretical highest speed. Since speeds are lower at peak hours, it is important that consumers get accurate information about the service they will receive at those times.

In short, the bill is a step in the right direction, but it clearly does not go far enough. As my leader likes to say, the Bloc Québécois is never against apple pie. However, I know that apple pie alone does not make a nutritious dinner. We need more.

I hope that I demonstrated, in a short amount of time, the importance of in-depth reform of the Competition Bureau, real reform that will stop the telecommunications giants' lobbyists from abusing their position of power and ensure that consumers, honest citizens, are finally protected.

Telecommunications ActPrivate Members' Business

November 23rd, 2022 / 6:40 p.m.
See context

Liberal

Anju Dhillon Liberal Dorval—Lachine—LaSalle, QC

Madam Speaker, I am pleased to be here today to talk about the importance of Internet services and the need for consumer protection in the telecommunications industry.

The Government of Canada knows that now more than ever Canadians rely on telecom services for work, school, finances, health care and just staying connected to one another. All too often I hear Canadians' frustrations regarding their telecom services. I will continue to hold Canada's telecom service providers accountable and keep Canadians updated on the work our government is doing to strengthen the reliability of our networks as well as increase affordability, competition and consumer protection in this sector.

We are here today to discuss private member's bill, Bill C-288, an act to amend the Telecommunications Act regarding transparent and accurate broadband services information. I support the intent of the bill and agree that consumers need access to clear information about how broadband services are performing, so they can be confident that what they are paying for is what they are actually getting.

In fact, consumers also need more information about the cellular coverage provided by mobile services. Our government is already taking action. We will work to ensure the actions we have already taken to address this topic work in tandem with this legislation to improve outcomes for Canadians and can be implemented quickly.

I firmly believe that consumers must have access to clear information about how broadband services are performing, so that they can be sure that they are getting what they are paying for. In fact, consumers also need more information about the mobile services that provide cellular coverage.

In May our government tabled in both Houses of Parliament a draft policy direction to the CRTC on a renewed approach to telecommunications policy. The proposed policy direction is legally binding and directs the CRTC on a range of issues. These include putting in place new rules to improve competition, enhancing the rights of consumers and their access to information, speeding up the deployment of high-quality broadband networks, and promoting lower prices and better telecom services for Canadian consumers.

The policy direction also asks service providers to collect, publicly report and make available to consumers information on the services they offer. It also requires them to test the technologies that are used the most in rural regions, such as fixed wireless. What is more, we are asking the CRTC to develop and implement a standardized and robust approach for reporting mobile wireless coverage.

Another key part of the proposed policy direction would require the CRTC to take measures to promote clarity and transparency of pricing information and service plan characteristics in marketing materials. This will allow consumers to better understand their choices in the Internet market.

The CRTC has worked on that. For example, it introduced a program called measuring broadband Canada, which involved testing a number of broadband performance metrics, such as download and upload speeds, the impact of peak periods and latency for Internet service providers that offer the highest subscription fees.

The program was flawed, however. Participation was voluntary, and the study did not take into account the reality of rural regions. Internet services using fixed wireless technology were not included in the tests, which left many Canadians, especially those in rural and remote regions, without any information on the performance of their Internet service.

Our government understands that the CRTC needs to ensure that it is not only testing broadband performance generally, but addressing the gaps in the previous tests. We have measures under way to make sure this happens. We are in agreement that the CRTC needed additional direction to ensure consumers are fully protected, and the binding policy direction will achieve that in parallel with the new legislation.

The proposed direction was tabled in both chambers of Parliament on May 30, 2022, for a minimum of 40 sitting days and has been the subject of extensive public consultation. I will soon present the final version, which takes into account what we heard from the Governor in Council. It will then be published in the form of a decree that will be legally binding for the CRTC.

The policy direction requires that testing be done on a regular basis and clarifies that participation is mandatory for ISPs. It also captures more technologies by including mobile wireless in addition to broadband Internet.

The direction will soon be finalized and the government will be able to easily update it as the market and technologies evolve. If new technologies emerge, we can ask the CRTC to take measures to test them. I think that everyone here recognizes that this is a very important issue. We want to show Canadians that we are working with our colleagues to improve the telecommunications sector's response to consumers' needs.

For these reasons, I am also supporting adjustments to the proposed policy direction text so that it takes into account language from this bill and makes clear that we recognize the importance of regular, mandatory broadband performance testing. This approach will demonstrate that Parliament is working together to progress diligently toward important goals for the telecom sector.

The direction contains many other important initiatives that will encourage competition and benefit consumers. For example, it will eliminate regulatory uncertainty for small competing service providers and strengthen their business case so that they can offer more services on the market. It will also order the CRTC to improve access to telephone poles and similar infrastructure, which we know is important for the construction of new broadband networks.

The policy direction also instructs the CRTC to increase the public's awareness of the telecommunications complaints organization so that consumers have recourse if they are treated unfairly by a telecom provider. It will require the CRTC to proactively and systemically improve the accessibility of telecommunications services for Canadians with disabilities.

I am pleased that the policy direction can work together with the proposed legislation to make progress in this area for Canadians.

Telecommunications ActPrivate Members' Business

November 23rd, 2022 / 6:30 p.m.
See context

Conservative

Jeremy Patzer Conservative Cypress Hills—Grasslands, SK

Madam Speaker, it is an honour to rise once again in the House and to be able to speak to what I think is a fantastic bill by my colleague from Dauphin—Swan River—Neepawa in Manitoba. As a result, we are continuing the conversation about reliable Internet access.

There have been many speeches and questions in the House on this issue, and there are many members from different parties all across the country who care about the issue. The government has made announcements and promises over the years, but progress has been slow.

Bill C-288, however, is doing something more than talking about a problem; it is taking some practical steps forward that will make a real difference for Canadians.

To begin this debate at second reading, the member for Dauphin—Swan River—Neepawa did a great job of laying out the three pillars of this legislation.

The first is a requirement for Internet service providers to provide Canadians the typical download and upload speeds they offer, not just the maximum theoretical speeds.

The second is a requirement to provide Canadians with the quality metrics they can expect during the peak periods, when people are most likely to use the service. For people at home who wonder why that is so important, the first reason in particular is that it deals with mostly what people would think of with their cellphone. A lot of the cellphone companies will talk about how their LTE speed on their cellphone could be up to 80 megabytes per second, or it could be 100 megabytes per second. The reality is that people are going to realize those speeds only if they are standing within 100 metres of the tower, with nobody else connected to the tower. That is the only time they are going to theoretically get that 100 megabyte speed. As technology has advanced and moved along, we are slowly getting to the point at which more people might be able to realize speeds closer to that, but it does not change the fact that for years people have been told that they could theoretically get that, without ever actually coming close to getting it.

The second metric that I mentioned is especially important when we think about companies that are providing service via satellite, or maybe via a wireless-to-the-home connection. They are told they are going to get x amount of speed, but the reality is that as more users are utilizing the system, it is going to drag that speed down to a point at which it almost becomes unusable. As we all saw over the last couple of years with people doing school from home and people working from home, it has become almost impossible for a lot of people, particularly people in rural Canada, to be able to participate in the economy and to be able to participate in school. That is why I think these are a really good first couple of steps with this bill.

The third pillar is to begin a consultation process with the CRTC and develop a framework that can work in the public's best interest.

These are three simple things that are meant to work together so customers can have accurate and transparent information about the services they are paying for. It sounds like this should be something basic to the experience of buying anything, but in this case it is not, and certainly not for millions of Canadians.

I want to make sure everyone understands the situation with Internet service in our country, which this bill is trying to improve. Let us start with some data that will help to put it in perspective.

Last year, the Canadian Internet Registration Authority, or CIRA, released a report called “Canadians Deserve a Better Internet”. Here is what it had to say about the performance of quality experienced by customers. It states:

ISPs market their service tiers as “up to” certain speeds, but when asked how often they feel they receive those speeds, only one-third of Canadians said it was most of the time or all of the time.

If only one-third consistently reach those advertised speeds, what does that say about the remaining two-thirds of Canadians? That would make for a strong majority of customers who do not believe they receive the quality of service they are paying for. With a number like that, it is clear something is not working for members of the public, and this creates a lack of trust, which weakens the industry itself. This is the problem Bill C-288 has in mind. A key part of the solution is transparency and, more importantly, accuracy. That is exactly what the first two points of this legislation would provide.

As the report noted, Internet providers market their service packages in a given area by saying they go “up to” a certain speed. This is called the maximum theoretical speed. It is a positive spin that sounds good to the potential customer and helps with making sales, but many do not realize the actual speed they are going to get does not match up with what they were told.

For some people, it is obviously annoying and inconvenient, but they can still get by, and that is bad enough, because they still feel like they are not getting what they paid for. For others, however, depending on where they live, it could make a more significant difference. They might be paying for Internet in theory, but it almost does not exist in practice. That is something that is a common occurrence in rural areas and that many members of this House have brought up, either in this debate or in other debates when we talk about broadband access. Either way, those people are likely to get a different impression as a customer if they are told about the typical speed on average and what the speed is during peak periods. It is a better reflection of the quality they will get when they are using the Internet, and it could affect the decision they might otherwise make when purchasing the product. Without having this information for more context, it is misleading in too many cases.

I proudly represent a rural riding myself. Over the years, I have heard from many people who have this problem with their Internet, and I actually saw it first-hand in my career prior to being a parliamentarian, when I worked as an Internet service provider technician. It was my job to not only install but also repair and fix people’s Internet services.

As someone who had to deal with people who were told that they were getting one thing, but the reality was that they could only possibly get a fraction of that, I saw that it caused a lot of confusion and headache. I can tell members that, for an installer, this legislation would make life a lot simpler, knowing that customers have the accurate and appropriate information prior to either signing a contract for service or purchasing equipment for their services.

For a lot of these paying customers, as well as for those of us working in the field, but especially for those customers, it would have been easier for everyone involved if there had been realistic information from the start, which, again, is what this bill would be doing. Bill C-288 would require that to be made available to Canadian consumers.

This is in line with what the Standing Committee on Industry, Science and Technology recommended in a report last year. I know that the member who spoke before me already mentioned this recommendation, but I am going to say it again for the context of my speech. It recommends:

That the [CRTC] require Internet service providers to make information available to consumers on the usual download and upload speeds they can expect during peak periods so they can make more informed purchasing decisions based on accurate and transparent information, thereby improving the industry’s competitiveness overall.

It would be simple enough to do it, and I think all parties can see the benefit. After this recommendation was put forward, the government side has tried to say that it announced a proposed policy directive to the CRTC earlier this year. In reality, it is not the same thing. Its proposal is vague, and it does not mention the issue with typical speeds or peak periods.

That is what we need to see happen, and the sooner, the better. We do not need to wait around for the lagging speed of government to catch up. It is good to see the member for Dauphin—Swan River—Neepawa bring forward a bill trying to get it done. We need to act on this like it is a real priority.

As of last week, we have seen progress from the FCC in the United States. It will require broadband providers to display easy-to-understand labels with key information. This will include typical upload and download speeds, as well as typical latency.

For years now, Australia has had standards for advertising for typical speeds during peak periods. As a result, going back to 2018, the Australian Competition and Consumer Commission has found benefits for consumers. It has also improved the industry by strengthening market competition. We can learn from them and do the same thing. We can encourage more innovation.

This is something that will benefit all Canadians, not just those in rural areas. I want to make sure that this point is clear to everyone. Part of the problem we sometimes have in this place is that there are different ideas of what “rural” actually means.

For one of the government's programs for rural connectivity, I once asked for a definition, and I was told that communities of 30,000 people or less were eligible. The largest community in my riding, for example, is only 18,000, so it is interesting to see how that fits in. We are dealing with the population of a city, at least, as I have mentioned to members, it is where I am from.

Another example we had was that the definition of “rural” could be described as any community that uses oil and gas or agriculture as its main economic driver. I think of some of the cities that we have out west, such as Edmonton and Calgary, which would be more than happy to say that those are some of the driving forces of their economies. I think that we would also agree that Calgary and Edmonton are not rural communities.

When it comes to Internet access, there was a recent news article published online with this headline: “Internet services in rural GTA ‘like living in the dark ages’: Oshawa residents”. People who live near urban areas of the GTA are describing problems similar to what I hear from my constituents back in rural Saskatchewan. One of the residents said, “We are within minutes of a shopping center and yet no internet”. That does not sound like someone living in the middle of nowhere.

Another person spoke about paying “an exorbitant amount of money for service that is less than adequate.” She continued, “We’ve tried almost every service provider available, and the end result is the same – spotty at best internet connection.”

My plea would be for everyone to consider supporting Bill C-288 because it would get the job done for getting accurate reporting for Canadians.